Sunrise Propane explosion – landlords added to class action
Here’s an update on the Sunrise Propane explosion in Downsview, Ontario, and the gradual progress of the class action by the aggrieved neighbours. In July 2012, the Ontario’s Superior Court of Justice certified a class action against all proposed defendants except the Teskey defendants, whic…Continue reading the post titled Sunrise Propane explosion – landlords added to class action
Timminco motion: A new twist in insolvency v environment
The insolvent metal processing company, Timminco, is attempting a new twist to “cleanse” creditors of environmental claims through insolvency law. They have applied to the Commercial List for permission to sell their valueless contaminated sites, for virtually nothing, to new sub…Continue reading the post titled Timminco motion: A new twist in insolvency v environment
Antrim: Supreme Court gives compensation for nuisance when highway moved
The Supreme Court of Canada has restored compensation to the Antrim truck stop, which lost its coveted place on the edge of a major highway when the highway was moved. The Court held that the $393,000 loss in business loss and property value was too heavy to expect Antrim to shoulder alone, …Continue reading the post titled Antrim: Supreme Court gives compensation for nuisance when highway moved
Buyer can’t expect compensation for pre-existing contamination
If Midwest purchased a contaminated property, it must prove that there has been an increase in the contamination level of property caused by the Defendants.Continue reading the post titled Buyer can’t expect compensation for pre-existing contamination
Waste Excellence, $25,000 fine, forbidden partners at waste site
Yesterday, we reported the $20,000 fine imposed on Keele North Recycling Inc., relating to breaches of its Environmental Compliance Approval for its waste transfer and processing site at 10525 Keele Street. This troubled site was previously operated by Robert Sansone, 310 Waste and related c…Continue reading the post titled Waste Excellence, $25,000 fine, forbidden partners at waste site
Has the Time Come to Amend Section 2(3)
Is it time to abandon the ninety-day rule? Has the Time Come to Amend Section 2(3) (the “Ninety-Day Rule”) of the Class Proceedings Act, 1992? Section 2(3) of the Class Proceedings Act, 1992 (CPA) requires that a certification motion be made “within ninety days.”1 The timing of the certifica…Continue reading the post titled Has the Time Come to Amend Section 2(3)
$20,000 for breach ECA at wood recycler
Two Vaughan companies were fined $20,000, plus the 25% victim fine surcharge, for failing to comply with a ministry approval for their woodwaste processing and transfer site. Keele North Recycling Inc. operates a waste processing and transfer site located in Vaughan, owned by Keele North Rec…Continue reading the post titled $20,000 for breach ECA at wood recycler
Final regulations for heavy duty vehicle emissions
On February 25, 2013, the Federal Government followed the US and announced the final efficiency and emission standards for new on-road heavy-duty vehicles and engines. The regulations are intended to improve fuel efficiency and reduce greenhouse gas (GHG) emissions, and to match American req…Continue reading the post titled Final regulations for heavy duty vehicle emissions
Ontario Great Lakes Protection Act back again?
The Great Lakes Protection Act was re-introduced by Ontario’s Liberal government; if passed it includes measures to improve water quality and protect the lakes, their shores and wetlandsContinue reading the post titled Ontario Great Lakes Protection Act back again?
Wynne v Obama: sustainable Ontario?
In sharp contrast to Obama’s State of the Union Address, the first Speech from the Throne under Premier Wynne gives little emphasis to environmental issues, including climate change. As we feared from the composition of the transition team, the Ontario Throne speech was modest in its energy …Continue reading the post titled Wynne v Obama: sustainable Ontario?